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TERMS OF USE
INTRODUCTION
This website at https://www.suntory.com/ (the “Site”) is operated by Suntory Foundation for the Arts, having its principal place of business at P.O.BOX 509, Ark Mori Building 22F , 1-12-32 Akasaka, Minato-ku, Tokyo 107- 6022 Japan (“Suntory”, “we”, “us” or “our”).
ACCEPTANCE OF TERMS
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU SHOULD NOT USE THE SITE.
We may update these Terms of Use from time to time. We recommend that you check this page regularly to ensure that you have read the most recent version. Your use of the Site will be deemed an acceptance of the then-current version of these Terms of Use.
ACCEPTABLE USE
You agree that any use by you of the Site shall be in accordance with the following conditions: you may not use the Site for any purpose that is unlawful (in Japan, your country of residence and/or the country from which you are accessing the Site) or prohibited by these Terms of Use or any applicable laws; you may not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for your own personal, non-commercial, lawful, home use unless otherwise agreed in writing with Suntory. You may not, and may not assist or facilitate any third party to, circumvent or disable any security features of the Site or to upload, transmit or distribute any virus or malicious code via the Site.
INTELLECTUAL PROPERTY
All copyright, trademarks and all other intellectual property rights appearing on or contained within the Site shall remain at all times the exclusive property of and owned by us or our licensors. Except as provided in these Terms of Use, your use of the Site does not grant you any right, title, interest, or license to any such intellectual property.
writing by us or our licensors. Except as provided in these Terms of Use, any use of such material or content, including copy, reproduction, transmission, distribution, commercial exploitation or creation of derivative works, is prohibited.
If you become aware of any such unauthorized use, you agree to notify us immediately.
NO WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SUNTORY OR ANY THIRD PARTY, AS WELL AS THEIR PRODUCTS AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY AND COMPLETENESS.
EXCEPT AS REQUIRED BY LAW, WE DO NOT WARRANT THAT THE MATERIAL CONTAINED IN THE SITE, OR ANY OF THE FUNCTIONS CONTAINED IN THE SITE OR ITS SERVER, WILL OPERATE WITHOUT INTERRUPTION OR DELAY OR WILL BE ERROR FREE, FREE OF VIRUSES OR BUGS OR IS COMPATIBLE WITH ANY OTHER SOFTWARE OR MATERIAL.
LIMITATION OF LIABILITY
In no event shall Suntory, its affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any loss or damage (including but not limited to, any direct, indirect, incidental, consequential, special or exemplary damages, whether such damages are foreseen, foreseeable, known or otherwise) on any theory of liability whatsoever, including but not limited to, (i) personal injury or property damage, of any nature whatsoever; (ii) loss arising out of unauthorized access to or use of our secure servers and/or any and all personal information stored therein; ; (iii) loss of data; (iv) loss of profits;(v) loss of goodwill; or (vi) loss suffered by third parties, arising out of or in connection with the access, use or performance of the Site.
THIRD PARTY WEBSITES
You acknowledge and agree that we are not responsible for the availability of any third-party websites or materials you may access through the Site. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or materials. Any dealings between you and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services, and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
YOUR PERSONAL INFORMATION
In the course of your use of the Site, you may provide us your personal information to us via the Site. In such case, all such personal information will be handled in accordance with the Privacy Policy.
TERMINATION
We reserve the right to discontinue the Site, or terminate your access to this Site, for any reason, without notice to you and without liability to you or any third party.
INVALIDITY
If any of these Terms of Use are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, that shall not in no way affect, impair or invalidate any other terms, and all other terms shall survive and remain in full force and effect. In such event, such illegal, invalid or unenforceable provision, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, shall be curtailed and limited only to the extent necessary to bring it within legal requirements of such jurisdiction, and modified to give effect to the parties' intentions as reflected in that provision.
GOVERNING LAW
These Terms of Use shall be governed by and interpreted in accordance with the laws of Japan and you agree to submit to the exclusive jurisdiction of the courts of Japan to hear any disputes.
These Terms of Use becomes effective as of December 25, 2015.
Privacy Policy
We, Suntory Foundation for the Arts (“we” or “Suntory”), hereby declare that we should safely and properly collect, manage and use your personal information (“Personal Information”) and your specific personal information (which means your individual number and your personal information that includes your individual number, and is called as “Specific Personal Information”) (Personal Information and Specific Personal Information are collectively called as “Personal Information, etc.”) subject to the terms and conditions of this privacy policy (“Privacy Policy”). This Privacy Policy shows our fundamental policy with respect to your Personal Information, etc. which you may supply to us through your visit to the Site (as defined in the Terms of Use). This Privacy Policy is incorporated into, and part of, the Terms of Use that govern your use of the Site in general.
1. Compliance with Applicable Laws and Regulations
We will comply with this Privacy Policy and all applicable laws, regulations and guidelines of Japan with respect to data protection, including, but not limited to, the Japan’s Act on the Protection of Personal Information and the Japan’s Act of the Use of Numbers Identify a Specific Individual in the Administrative Procedure.
2. Collection of Personal Information, etc.
(a) Through “Contact Us” Page
IIf you email us through the “Contact Us” page of the Site, please be aware that you may provide us with your personal information such as your name, address, telephone number, email address or any other information by which you may be identified. If you provide us with such personal information, we will use such information only for the purpose of responding to your email and storing records on how we responded to your email.
(b) In Other Ways
We may also collect Personal Information, etc. in other ways to the extent necessary. The scope of Personal Information, etc. we collect will not exceed those necessary for our achieving our purpose of use. In case we collect your Personal Information, etc., we will inform you of the purpose of the use of such Personal Information, etc. in advance of or as soon as practicable after such collection, unless otherwise authorized by any applicable laws or regulations.
(c) International Transfer of Personal Information
If provided by you through the Site, your personal information will be transferred to Suntory, located in Japan, which location may be outside of your own country. By providing us with your personal information, you are consenting to such transfer.
3. Management and Protection of Personal Information, etc.
We will establish internal system to monitor sufficient protection of Personal Information, etc. We will designate one or more person(s) in charge of management of Personal Information, etc., and will properly manage and prevent such Personal Information, etc. from being disclosed to any third party except the disclosure pursuant to this Privacy Policy. We will take reasonable and appropriate measures against the risks including, but not limited to, unauthorized access to, or loss, destruction or falsification of Personal Information, etc.
We will keep our personnel informed of our policy and internal rules in order to protect Personal Information, etc. We will authorize the limited personnel to have access to any databases or sources in connection with Personal Information, etc. and shall strictly manage such databases or sources to prevent any unauthorized use of such Personal Information, etc.
We will dispose of and delete Personal Information, etc. as soon as practicable when we have achieved the purpose of use of such Personal Information, etc. and the period of preservation required by any applicable law and regulation has elapsed.
4. Use of Personal Information, etc.
We will use Personal Information only for the purposes specified at the time of such collection or for those announced in advance, unless otherwise agreed by you or authorized by any applicable laws or regulations. We will use Specific Personal Information only for the purposes specified at the time of such collection or for those announced in advance, unless otherwise authorized by any applicable laws and regulations.
5. Provision of Personal Information, etc.
Unless otherwise stipulated herein, we will not disclose or provide any Personal Information to any third party without your prior consent, and we will not disclose or provide any Specific Personal Information to any third party, unless otherwise authorized by any applicable laws and regulations. Notwithstanding the foregoing, we may disclose without your consent: (i) Personal Information to our group companies (subsidiaries and affiliates) if such group companies need to use such Personal Information for the purposes as described above; or (ii) Personal Information, etc. if required by any laws or regulations, or court, police or any other governmental or regulatory agencies.
6. Disclosure or Correction of Personal Information, etc.
We will disclose, correct, add, or cease the use or the provision to any third party of, retained personal data or specific personal information file (as defined in the Japan’s Act on the Protection of Personal Information and the Japan’s Act of the Use of Numbers Identify a Specific Individual in the Administrative Procedure) provided by you to us, upon requests from you or your agent pursuant to any applicable laws and regulations.
7. Third Party Delegation
We may delegate a third party to collect, manage or use Personal Information, etc. on our behalf. In such case, we will take reasonable and appropriate measures to ensure that such delegated third party will collect, manage and use such Personal Information, etc. in accordance with this Privacy Policy.
8. Other Information
(a) Statistical Information
We may collect, use and share with any third party, certain information about your visit to the Site, including but not limited to your browsing actions and patterns, in the form of statistic information which does not include your personal information.
(b) Information Stored and Obtained from "Cookies"
We may collect information about your general Internet usage by using a feature of Internet web browsers called "cookies"; small pieces of information stored by your browser on your computer's hard drive. Whenever you visit the Site, we will check with your browser for the presence of our cookies, which contain information such as whether you have visited the Site before and your preferences for the Site. You may adjust your browser to refuse cookies, although some part of the Site may not function if cookies are turned off.
9. Updates to this Privacy Policy
We may, from time to time, update, review and revise this Privacy Policy.
10. How to Contact us
If you have any questions or comments on this Privacy Policy, or if you would like us to disclose or update information we have about you, please contact us via “Contact Us” page
This Privacy Policy becomes effective as of December 25, 2015.
